Section 25 of the Drug Misuse and Trafficking Act says a person can be charged with deemed supply if it can be established there was an intention to sell the drugs, or if the amount is large—even though the drugs weren’t actually sold. Unless the charged person can prove otherwise, these factors are considered by the court to be outside the scope of personal use.
Supply can mean any of the following:
- selling or distributing drugs
- delivering drugs to another person
- receiving drugs and being complicit in the supplying or storing of drugs for future circulation.
Table 1 shows how the court defines the quantities of prohibited drugs:
Table 1: Quantities
|Drug||Small quantity||Deemed trafficable quantity||Indictable quantity||Commercial quantity||Large quantity|
|amphetamine, cocaine, heroin||1g||3g||5g||250g||1kg|
|Ecstasy (one pill=approx. 0.25g)||0.25g||0.75g||1.25g||125g||0.5kg|
|LSD (DDU=discrete dosage unit)||4 DDU||15DDU||25 DDU||0.5g||2g|
Table 2 shows the penalties that apply according to the drug type and quantity:
Table 2: Penalties
|small||Various||maximum 2 years imprisonment and/or $5,500 fine|
|up to an indictable or deemed trafficable quantity||Various||maximum 2 years imprisonment and/or $11,000 fine|
|less than a commercial or indictable quantity||cannabis leaf or plant||maximum 10 years imprisonment and/or $22,000 fine|
|commercial quantity||cannabis leaf or plant||maximum 15 years imprisonment and/or $385,000 fine|
|large commercial quantity||cannabis leaf or plant||maximum 20 years imprisonment and/or $550,000|
|less than a commercial or indictable quantity||other than cannabis leaf or plant||15 years imprisonment and/or $220,000 fine|
|commercial quantity||other than cannabis leaf or plant||maximum 20 years imprisonment and $385,000 fine|
|large commercial quantity||other than cannabis leaf or plant||maximum life imprisonment and/or $550,000 fine|
*The material provided in our information sheets is for general knowledge only and is not a substitute for independent legal advice. For further information about the issues affecting you, please contact one of our experienced and professional lawyers for expert advice.